HYNES FAMILY TRUST v. Spitz

The Hynes Family Trust and Richard W. Hynes (Hynes) allege the trial court erred in finding there was no express easement or easement by prior use permitting Hynes' to maintain a storm water drainage pipe across Heide Spitz’s (Spitz) property. We affirm in result.

FACTS

Hynes and Spitz own adjoining townhomes in the Daybreak community in Tega Cay, South Carolina. The town homes share a common wall and are part of a single building containing three units. Hynes’s town home is the middle unit, and the Spitz’s town home is an end unit. Each unit is situated on a separately owned lot which extends…